Legal Question in Insurance Law in California
Affidavit for accident witness
What is the form to use and process to follow to obtain an affidavit from a witness to an automobile accident which would subsequently be used to press my case, in small calims or other court, against a self-insured taxi company.
1 Answer from Attorneys
Re: Affidavit for accident witness
A "declaration" should contain the following language: "I [name of person] declare: [insert identification, age, statement of facts (not opinions) regarding accident.] End the declaration as follows: "I declare, under penalty of perjury pursuant to the laws of the State of California that the foregoing is true and correct. Executed this ___ day of ___ at
_______, California. _________ (Signature line.) Note that the declaration may, or may not, be admitted into evidence at Hearing. The better course is to have a subpoena issued to assure the witness appearance at a hearing (but having a declaration can't hurt either in the event of a no show.)
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